Citation NR: 9625329
Decision Date: 09/10/96 Archive Date: 09/15/96
DOCKET NO. 95-00 011 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Columbia,
South Carolina
THE ISSUE
Entitlement to service connection for left ankle injury.
REPRESENTATION
Appellant represented by: South Carolina Department of
Veterans Affairs
ATTORNEY FOR THE BOARD
J.R. Moore, Associate Counsel
INTRODUCTION
The veteran had active military service from April 1951 to
March 1953.
This case is before the Board of Veterans’ Appeals (Board) on
appeal from a June 1994 rating decision by the Columbia,
South Carolina Regional Office (RO) of the Department of
Veterans Affairs (VA). The veteran's notice of disagreement
was received in July 1994. A statement of the case was
mailed to the veteran in November 1994. The veteran's
substantive appeal was received in November 1994.
The veteran is represented by South Carolina Department of
Veterans Affairs in this appeal.
REMAND
While the veteran's claim file was still at the RO, the
veteran submitted a new “Appointment of Veterans Service
Organization as Claimant’s Representative” (VA Form 21-22),
received August 9, 1996 and acknowledged on August 19, 1996.
This form changed the veteran's representative from The
American Legion to South Carolina Division of Veterans
Affairs. A preliminary review of the record shows the
veteran's new representative has not completed a “Statement
of Accredited Representation in Appealed Case” (VA Form 646)
on the veteran's behalf. In view of this, the Board is
remanding this case for review by the veteran's new
representative.
Accordingly, the Board REMANDS this case for the following
action:
The RO should allow the veteran's new
representative, South Carolina
Division of Veterans Affairs, an
opportunity to review the veteran's
claim and attach a VA Form 646 to the
veteran's claims file.
If the benefit sought on appeal is not granted the case
should be returned to the Board after completion of all
appropriate procedures for processing appeals.
E. M. KRENZER
Member, Board of Veterans' Appeals
The Board of Veterans’ Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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